BY SAM ALFAN.
The Environmental Tribunal has banned three companies from undertaking any development at a disputed plot near City Park.
The National Environment Tribunal chairperson issued orders restraining Sustainable Development Solution ltd, Ameey Home ltd and Couch Construction Co. ltd from developing the property on City Park Drive.
Lawyer David Njeru Ndambiri moved to the Tribunal seeking an injunction, restraining the companies from proceeding with construction of the residential apartment, pending of the privately developed sewer (PDS).
The lawyer says the sewer was to be developed as per Extension No.4548 in accordance with the Nairobi City County & Sewer Co. ltd term and conditions, which was contained in the letter of approving the construction on June 8, 2021.
“An order of Injunction restraining Sustainable Development Solution ltd, Ameey Home ltd, Couch Construction Co. ltd, their agent and servants from developing or constructing the proposed residential apartment on L.R NO. 209/7549 city park Drive, Parklands pending the monitoring and conduct of environmental audit by the Director-General National Environment Management Authority (NEMA),” the application reads.
Ndambiri wants NEMA to immediately monitor and conduct an environmental audit on the construction of the apartment.
It is his argument that NEMA has failed or refused to monitor and conduct an environmental audit on the proposed development of apartments on the said land at City Park Drive.
On October 27 last year the Tribunal gave orders that status quo be maintained and all parties were reminded of section 129(4) of EMCA and to comply with the provisions pending hearing and determination of the appeal.
But he says the three companies despite being aware of the appeal, they have persistently continued with the construction work.
Ndambiri argues that it is clear that NEMA through director general Ali Ibrahim Mohamed, Sustainable Development Solution ltd Yusuf Asker Mohamed, Ameey Home ltd and KochKoch Construction Co, ltd director Burach Couch have breached and violated orders issued by the Tribunal.
